The Decision

The Case

The Supreme Court granted a landmark victory for religious liberty this morning, ruling that individuals do not lose their religious freedom when they open a family business.  The court ruled 5-4 in favor of David and Barbara Green and their family business, Hobby Lobby ruling they do not have to violate their faith or pay severe fines.

At issue in Burwell v. Hobby Lobby (previously Sebelius v. Hobby Lobby Stores)is the Health and Human Service (HHS) Mandate which would have required David and Barbara Green and their family business Hobby Lobby to

provide and facilitate four potentially life-terminating drugs and devices in their health insurance plan, against their religious convictions, or pay severe fines. The Greens argued that the mandate substantially burdened their religious beliefs in violation of a federal law, the Religious Freedom Restoration Act.

The decision also has important implications for over 50 pending lawsuits brought by non-profit religious organizations, such as the Little Sisters of the Poor, which are also challenging the mandate.

“The Court’s decision is a victory, not just for our family business, but for all who seek to live out their faith. We are grateful to God and to those who have supported us on this difficult journey.”

“This is a landmark decision for religious freedom. The Supreme Court recognized that Americans do not lose their religious freedom when they run a family business,” said Lori Windham, Senior Counsel for The Becket Fund for Religious Liberty and counsel for Hobby Lobby. “This ruling will protect people of all faiths. The Court’s reasoning was clear, and it should have been clear to the government. You can’t argue there are no alternative means when your agency is busy creating alternative means for other people.”

“The handwriting is on the wall,” said Windham. “The Court has strongly signaled that the mandate is in trouble in the non-profit cases, too.”

In an opinion by Justice Alito, the Court stated: “The plain terms of RFRA make it perfectly clear that Congress did not discriminate . . . against men and women who

wish to run their businesses as for-profit corporations in the manner required by their religious beliefs. . . . Our responsibility is to enforce RFRA as written, and under the standard that RFRA prescribes, the HHS contraceptive mandate is unlawful.”

Justice Kennedy’s concurrence added: “Among the reasons the United States is so open, so tolerant, and so free is that no person may be restricted or demeaned by government in exercising his or her religion.”

“Our family is overjoyed by the Supreme Court’s decision. Today the nation’s highest court has re-affirmed the vital importance of religious liberty as one of our country’s founding principles,” said Barbara Green, co-founder of Hobby Lobby. “The Court’s decision is a victory, not just for our family business, but for all who seek to live out their faith. We are grateful to God and to those who have supported us on this difficult journey.”

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